(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 20; July 1.
(1) "Naturopathic doctor" means a doctor of naturopathic medicine who is authorized and registered pursuant to this act.
(2) "Naturopathic medicine," or "naturopathy" means a system of health care practiced by naturopathic doctors for the prevention, diagnosis and treatment of human health conditions, injuries and diseases, that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic self-healing processes, and includes prescribing, recommending or administering: (A) Food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic preparations, nonprescription drugs, plant substances that are not designated as prescription drugs or controlled substances, topical drugs as defined in subsection (a)(9) of this section, and amendments thereto; (B) health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, barrier contraceptive devices; (C) substances on the naturopathic formulary which are authorized for intramuscular or intravenous administration pursuant to a written protocol entered into with a physician who has entered into a written protocol with a naturopathic doctor registered under this act; (D) noninvasive physical examinations, venipuncture to obtain blood for clinical laboratory tests and oroficial examinations, excluding endoscopies; (E) minor office procedures; and (F) naturopathic acupuncture. A naturopathic doctor may not perform surgery, obstetrics, administer ionizing radiation, or prescribe, dispense or administer any controlled substances as defined in K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs except those listed on the naturopathic formulary adopted by the board pursuant to this act.
(3) "Board" means the state board of healing arts.
(4) "Approved naturopathic medical college" means a college and program granting the degree of doctor of naturopathy or naturopathic medicine that has been approved by the board under this act and which college and program requires at a minimum a four-year, full-time resident program of academic and clinical study.
(5) "Homeopathic preparations" means substances and drugs prepared according to the official homeopathic pharmacopoeia recognized by the United States food and drug administration.
(6) "Naturopathic acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin or both to treat human disease and impairment and to relieve pain.
(7) "Minor office procedures" means care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues, except eyes, and not involving blood vessels, tendons, ligaments or nerves. "Minor office procedures" includes use of antiseptics, but shall not include the suturing, repairing, alteration or removal of tissue or the use of general or spinal anesthesia. Minor office procedures does not include anesthetics or surgery.
(8) "Naturopathic physical applications" means the therapeutic use by naturopathic doctors of the actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitutional hydrotheraphy, naturopathic musculoskeletal technique and therapeutic exercise.
(9) "Topical drugs" means topical analgesics, antiseptics, scabicides, antifungals and antibacterials but does not include prescription only drugs.
(10) "Physician" means a person licensed to practice medicine and surgery.
(11) "Written protocol" means a formal written agreement between a naturopathic doctor registered under this act and a person licensed to practice medicine and surgery. Any licensee of the board entering into a written protocol with a registered naturopathic doctor shall notify the board in writing of such relationship by providing such information as the board may require.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 21; July 1.
(b) The board shall judge the qualifications of all applicants for examination and registration, determine the applicants who successfully pass the examination, duly register such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act.
(c) The board shall issue a registration as a naturopathic doctor to an individual who prior to the effective date of this act (1) graduated from a school of naturopathy that required four years of attendance and was at the time of such individual's graduation accredited or a candidate for accreditation by the board approved accrediting body, (2) passed an examination approved by the board covering appropriate naturopathic subjects including basic and clinical sciences and (3) has not committed an act which would subject such person to having a registration suspended or revoked under K.S.A. 65-7208, and amendments thereto.
(d) The board shall keep a record of all proceedings under this act and a roster of all individuals registered under this act. Only an individual may be registered under this act.
(e) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 22; July 1.
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed an educational program in naturopathy from an approved naturopathic medical college.
(2) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-7205 and amendments thereto.
(3) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-7207 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria for an educational program in naturopathy to obtain successful recognition by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in naturopathy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in naturopathy. In entering such contracts the authority to recognize an educational program in naturopathy shall remain solely with the board.
(c) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 23; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 24; July 1.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-7207 and amendments thereto.
(c) The board may issue a temporary registration to an applicant for registration as a naturopathic doctor who applies for temporary registration on a form provided by the board, who meets the requirements for registration or who meets all the requirements for registration except examination and who pays to the board the temporary registration fee as required under K.S.A. 65-7207 and amendments thereto. The person who holds a temporary registration shall practice only under the supervision of a registered naturopathic doctor. Such temporary registration shall expire one year from the date of issue or on the date that the board approves the application for registration, whichever occurs first. No more than one such temporary registration shall be permitted to any one person.
(d) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 25; July 1.
Application fee, not more than.................$200
Temporary registration fee, not more than.................$30
Registration renewal fee, not more than.................$150
Registration late renewal additional fee, not more than.................$250
Registration reinstatement fee, not more than.................$250
Certified copy of registration, not more than.................$30
Written verification of registration, not more than.................$25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the naturopathic doctor registration act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the naturopathic doctor registration act be paid directly to the examination service by the person taking the examination.
(c) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 26; July 1.
(1) Obtaining a registration by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a naturopathic doctor;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a registration or public or private censure of a registrant may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a registration, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked registration shall be accompanied by the registration renewal fee and the registration reinstatement fee established under K.S.A. 65-7207 and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a registrant for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 2002, ch. 203, § 27; L. 2004, ch. 117, § 23; July 1.
(b) At least 30 days before the expiration of a registrant's registration, the board shall notify the registrant of the expiration by mail addressed to the registrant's last mailing address as noted upon the office records. If the registrant fails to pay the renewal fee by the date of expiration, the registrant shall be given a second notice that the registration has expired and the registration may be renewed only if the registration renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the registration shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the registration has been reinstated under subsection (c).
(c) Any registration canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the registration reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of registrations canceled for failure to renew.
(d) A person whose registration is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the registration was suspended.
History: L. 2002, ch. 203, § 28; L. 2004, ch. 117, § 24; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 29; July 1.
(b) On and after July 1, 2004, it shall be unlawful for any person who is not registered under this act as a naturopathic doctor or whose registration has been suspended or revoked to hold oneself out to the public as a registered naturopathic doctor, or use the abbreviation of "N.D." or the words "naturopathic doctor," "doctor of naturopathy," "doctor of naturopathic medicine," "naturopath," "naturopathic medical doctor" or any other words, letters, abbreviations or insignia indicating or implying that such person is a naturopathic doctor. A violation of this subsection (b) shall constitute a class B person misdemeanor.
(c) No statute granting authority to persons licensed or registered by the state board of healing arts shall be construed to confer authority upon naturopathic doctors to engage in any activity not conferred by this act.
(d) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 30; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 31; July 1.
(1) Submitted an application and paid certification fee to be determined by the board;
(2) completed basic oriental medicine philosophy from a college or university approved by the board and 500 hours of supervised clinical training under a trained naturopathic acupuncturist's supervision.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 32; July 1.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
(c) During the 2003 regular session of the legislature the legislature shall consider establishing an alternative health care board composed of representatives as may be designated from existing health care regulatory agencies, alternative health care providers and members of the general public for purposes of advising the legislature on matters relating to alternative health care, administering the naturopathic doctor registration act and performing such other duties as may be established by law.
(d) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 33; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 34; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 35; July 1.
History: L. 2002, ch. 203, § 36; L. 2004, ch. 117, § 26; July 1.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 37; July 1.